framingham regs by np6KJuHl

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									                                              TOWN OF FRAMINGHAM
                                          Planning and Economic Development
                                                      Conservation Commission
                                                        Room 211  Memorial Building
                                                             150 Concord Street
                                                          Framingham, MA  01702

                                                                                           Telephone: (508) 628-1302
Michele Grzenda
Fax: (508) 872-5616
Conservation Administrator                                           E-mail:
Conservation.Commission@framinghamma.org


                         Regulations for Hiring Outside Consultants Under GL Ch. 44, s 53G

As provided by GL Ch. 44, x 53G, the Framingham Conservation Commission may impose upon and collect from
applicants under the Massachusetts Wetlands Protection Act and the Framingham Wetlands Bylaw reasonable fees for
the employment of outside consultants, engaged by the Conservation Commission, for services deemed necessary by
the Commission to adequately review an application submitted to the Conservation Commission pursuant to the
requirements of the Wetlands Protection Act (GL Ch. 131, s 40), the Town of Framingham Wetlands Protection By-
Law (Article V, Section 18) , or any other state or municipal statute, ordinance or regulation, as they may be amended
or enacted from time to time, as well as such other submissions to the Commission in connection with or related to
such application.

Funds received by the Conservation Commission pursuant to these regulations shall be deposited with the Town
Treasurer who shall establish a special account for this purpose. Expenditures from this special account may be made
at the direction of the Conservation Commission without further appropriation as provided in GL Ch. 44, s 53G.
Expenditures from this account shall be made only in connection with the review of a specific project or projects for
which a consultant fee has been collected from the applicant.

After the applicant has presented his/her project to the Commission at a hearing, the members shall determine
whether an outside consultant will be necessary in order for the Commission to make a fully informed decision on the
application. The Commission shall give written notice to the applicant of the selection of an outside consultant, which
notice shall state the identity of the consultant, the amount of the fee to be charged to the applicant, and a request for
payment of said fee in its entirety. Such notice shall be deemed to have been given on the date it is mailed or delivered.
No such cost or expenses shall be incurred by the applicant if the application or request is withdrawn within five days
of the date notice is given.

The fee must be received in its entirety prior to the institution of consulting services. The Commission may request
additional consultant fees if necessary review requires a larger expenditure than originally anticipated or new
information requires additional consultant services. Failure by the applicant to pay the consultant fee specified by the
Commission within ten (10) business days of the request for payment shall be cause for the Commission to deny the
permit application for lack of information.

The applicant may appeal the selection of the outside consultant to the Board of Selectmen who may disqualify the
outside consultant selected only on the grounds that the consultant has a conflict of interest or does not possess the
minimum required qualifications. The minimum qualifications shall consist of either an educational degree or three
or more years of practice in the field at issue or related field. Such an appeal must be in writing and received by the
Board of Selectmen and a copy received by the Conservation Commission, so as to be received within ten (10) days of
the date consultant fees were requested by the Conservation Commission. The required time limits for action upon the
application shall be extended by the duration of the administrative appeal.

                ADOPTED BY VOTE OF THE CONSERVATION COMMISSION ON JUNE 2, 2004



                                      “Dedicated to excellence in public service”

								
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